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J.R. Simplot Co.: Mining and Manufacturing Facilities

We represent this large Northwest agribusiness and manufacturing company regarding remediation of several federal Superfund Sites on which its facilities are located, including issues related to surface water contamination from a previous neighboring phosphorous manufacturing plant and selenium and metal leaching from mining operations. The company is defending CERCLA claims from EPA (prosecuted by the Justice Department), NRD claims from the Natural Resource Trustees, State claims, and Tribal claims.

To date, the company has succeeded in negotiating and constructing a groundwater remedy and source control at its plant site (estimated to cost approximately $80 million) and is conducting a $10 million cleanup at one of the phosphate mines, all without litigation. This cooperative effort has been coordinated with FMC, EPA, the State, and the Tribes. The PRPs have successfully negotiated a consent decree with EPA and a voluntary cleanup order with the State. Resolution of contribution claims has been accomplished through negotiation among counsel, which is on-going.